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1979.01.10_PB_Minutes_Regularr MINUTES: PLANNING COMMISSION, LOCAL PLANNING AGENCY, TOWN OF HIGHLAND BEACH, FLORIDA, REGULAR MEETING, JANUARY 10, 1979. SITE PLAN REVIEW LOT #103, OCEAN TERRACE, CONNOR/WEINER, BOCA HI, INC BRAEMER ISLE. • Chairman Boscove called the meeting to order at 7:35 p.m., advising this was a regular meeting of the Planning Commission. The recording secretary called the roll, the Agenda is Attachment "A". Present: C. B. Blankenship, J. A. Boscove, N. M. Johnson, R. B. Myers, J. M. Farrin, E. Edlund (Alternate). Mr. Francis Hamzik, Building Official and Thomas E. Sliney, Town Attorney, were present. MINUTES Chairman Boscove advised the first order of business to be approval of the minutes of the meeting of December 13, 1978, previously examined. Mr. Blankenship offered the motion to approve the minutes, Mr. Johnson seconded. The minutes were approved as presented, all aye votes. NEW BUSINESS OCEAN TERRACE PROJECT, LOT #103, PEABODY AND CHILDS. MARC WEINER. REPRE- SENTATIVE, HI RISE CONDOMINIUM, EAST SIDE ONLY. SITE PLAN REVIEW Site plans for the Ocean Terrace project were presented. Mr. Hamzik noted that the proposed structure was a 13 habitable story building plus 2.5 level parking, a total of 15 stories, 43 units, 130 ft. above the crown of the road. Acreage 1.72, medium high density (25 units per acre) building width • 100 ft., length 138 ft. Mr. Weiner noted that the relocation of driveway was being worked out with Florida Department of Transportation to include a deceleration lane. The construction control line, the vegetation line and the easterly survey line were discussed and it was noted that the line furthest west of these three lines must apply as ocean setback line. Following examination of site plan and discussion of the general information contained thereon Mr. Johnson moved Se�d��to�app�rove the application for site plan review as pre- sented) lr" 9A=U recommeled approval, Mr. Blankenship, Mr. Johnson, Mr. Myers and Adm. Farrin voted aye for approval. BOCA HI, INC. 4720 SOUTH OCEAN BLVD., PROPOSED CHANGE FOR BRAEMER ISLE PHASE,_ SCHWAB & TWITTY, ARCHITECTS, A. V. STROCK & ASSOC. PRESENT MR. RICHARD RODGERS, MR. PAUL TWITTY, GLENN SMITH, ATTORNEY. Application for site plan review was presented by representatives of Boca Hi, Inc., for the Braemer Isle Phase 1. Chairman Boscove noted that plans had been examined at the meeting of November 8, 1978. Letter from T. E. Sliney was read by the recording secretary, Attachment "B". Mr. Boscove questioned paragraph (1) of Mr. Sliney's letter, dated January 10, 1979, regarding conformance of current regulations and current comprehensive plan 0 #336, Mr. Sliney indicated the paragraph referred to Ordinance #336. i' 1 � r Page -2- MINUTES: PLANNING COMMISSION, LOCAL PLANNING AGENCY, TOWN OF HIGHLAND BEACH, FLORIDA, REGULAR MEETING, JANUARY 10, 1979. SITE PLAN REVIEW LOT #103, OCEAN TERRACE, CONNOR/WEINER. BOCA HI, INC. 40 BRAEMER ISLE. In reply to question, Town Attorney Sliney noted that if the Planning Commission makes a finding that (i) the change or changes are in accord with all regulations in effect at the time that the change is requested, and (ii) the change or changes are in accord with the general intent and purpose of the comprehensive plan in effect at the time of the proposed change, then the Planning Commission may approve the proposed change or changes. Mr. Boscove noted that changes must conform to todays zoning ordinance otherwise the amendment procedure must be followed. The language used in Town Attorney Sliney's letter dated January 10, 1979, is the operative language used in Ordinances #198, 253 and 336. Town Attorney Sliney noted that in accordance with the new plan, changes not meeting with the Town regulation must go before the Town Commission. Mr. Boscove noted that the applicant may go back and build the original plan as approved if the requested change is denied. A sheet showing Plan "A" Modified and approvals of 1974, referring to Building "A", plus sheet showing Approved RPUD vs Proposed Revised RPUD submitted by Boca Hi, Inc., Attachment "C", were examined by the members • of the Planning Commission. Attorney Glenn Smith, representing Boca Hi, Inc. requesting clarification of Town Attorney Sliney's interpretation regarding the Planning Commission's power to approve requested changes in RPUD plans. Mr. Boscove noted that the Planning Commission has the power to approve changes if they fall within present zoning, and advised that tentative approval of conceptual drawings based upon presentation by Boca Hi, Inc. was given,subject to interpretation by Town Attorney Sliney as to whether final approval could be given by the Planning Commission. Mr. Boscove indicated that no details of plan changes had been presented at the November 8, 1978, meeting. The Planning Commission requested details of proposed changes prior to final approval. Attorney Smith questioned the standards to be used with regard to density. Mr. Boscove advised if Boca Hi, Inc., did not adhere to present zoning the procedure of approval of RPUD, must be exercised, meaning, recommen- dation must be given to the Town Commission by the Planning Commission for final action. If the change falls within the present zoning code and if density and height are reduced and meet present zoning, the Planning Commission will have final power to make that approval. •Chairman Boscove advised that the change in RPUD plans being requested does not conform with todays zoning and that plans submitted in 1974 did not have approval of the Building Official in office.�� that time. Mr. Richard Rodgers advised that plans submitted in 1974 were a modification of Plan "A", Modified. I Page - S- -1 MINUTES: PLANNING COMMISSION, LOCAL PLANNING AGENCY, TOWN OF HIGHLAND BEACH, FLORIDA, REGULAR MEETING, JANUARY 10, 1979, SITE PLAN REVIEW LOT #103, OCEAN TERRACE, CONNOR/WEINER BOCA HI, INC. • BRAEMER ISLE. In checking the Braemer Isle Comparison Chart presented by Boca Hi, Inc., Attachment "C", Chairman Boscove noted that the proposed RPUD width of Building was 310 feet (visual impact from AIA). Following Mr. Paul Twitty's presentation of the conceptual drawings pre- viously shown to the Planning Commission and the drawings of proposed changes for preliminary examination, Chairman Boscove advised that the Planning Commission must call a Public Hearing before taking final action. Mr. Boscove noted that since the proposed changes do not conform with present zoning, the procedure calling for an amendment of the original RPUD must be followed. The Planning Commission will make recommendations to the Town Commission following the public hearing, for further action. A general discussion followed covering density figures. Mr. Boscove noted that Ordinance #253, Sec. 6.1, referred to procedures when con- flicts exist between requirements for RPUD districts and the general procision of this Ordinance or other applicable Town Codes. Chairman Boscove again noted that Town Attorney Thomas E. Sliney had stated that the Planning Commission was to measure the change against the present Ordinance, #336, and that the change was to go to the RPUD amendment procedure. • A discussion of height levels followed a reference to Ordinance #198 by Attorney Glenn Smith. Mr. Dan Abernathy, Planning Consultant, spoke relative to Ordinances #198 and #k199 and their intents and purposes. Mr. Abernathy read Sec. 6.4 e) of the 1971 Zoning Ordinance concerning changes in development plans, Attachment "D". Chairman Boscove advised that the Planning Commission must follow the direction of the Town Attorney, in reply to a reference by Mr. Abernathy to the Planning Commission's purview of jurisdiction. Mr. Paul Twitty advised the members of the Planning Commission that pro- posed measurements for the proposed changes are as follows: Length, 274 feet; Width, 310 feet; Height, 150 Ft. 6In; distance to Aberdeen Arms, 455 feet; distance to Dalton Place, 380 feet; 18 Townhouses and 241 units in tower. Col. H. Houck, resident of Aberdeen Arms, spoke relative to traffic, com- munications and water supply in the Town of Highland Beach. Mr. Myers noted that material relative to the subject of the Public Hearing should be examined by the Planning Commission. Mr. Rodgers advised a set •of plans for 17 story construction on Braemer Isle had been stamped and signed by building inspector Vern Foster. Present Building Official Francis Hamzik advised that these plans had been signed by Mr. Foster indicating conformance to setback regulations, were initialed for approval of electric and plumbing and did not have final approval by the former building in- pector for a building inspector for a building permit. Page -4- MINUTES: PLANNING COMMISSION, LOCAL PLANNING AGENCY TOWN OF HIGHLAND BEACH, FLORIDA, REGULAR MEETING, JANUARY 10, 1979 SITE • PLAN REVIEW LOT #103, OCEAN TERRACE, CONNOR/WEINER, BOCA HI, INC. BRAEMER ISLE. ADJOURNMENT Chairman Boscove noted that under new business for the next regular meeting of the Planning Commission, consideration of resumes submitted by candidates for the vacancy existing on the Planning Commission will' be scheduled. Copies of these resumes were distributed to,members. The Public Hearing, with due public notice, for the purpose of considering changes for Boca Hi, Inc., RPUD plans, including all phases, Braemer Isle, Building "B", Building "C" and Townhouses, is scheduled for Wednesday, January 31, 1979, at 7:30 p.m., at the Town Hall, Town of Highland Beach, Florida. The next regular meeting is scheduled for Wednesday, February 7, 1979, at 7:30 p.m. Mr. Blankenship moved to adjourn, Mr. Myers seconded, the meeting was adjourned at 10:15 p.m. --- APPROVED: A o cove, Chairman N. M. Jonson, Vice Chai man R. B. Myers M. Farrin, Secretary C. B. Blankenship Lucille S. Miller, Recording Secretary NOTE: Public Hearing scheduled for January 31, 1979, was canceled. Public Hearing for Boca Hi, Inc. change in RPUD plans rescheduled for Wednesday, February 7, 1979, at 7:30 p.m.